Today, if we are able to work so rapidly

to create a new India, it is because of the

foundation our senior citizens laid. The

value and wisdom of our senior citizens

are important for us. We have given top

and well-being of our senior citizens.

NARENDRA MODIPrime Minister

1

Background

SENIOR CITIZENS IN INDIA

The citizens, who have crossed the age of

60 years are described variously as ‘senior

citizens’, ‘elderly’ and ‘aged’. The population

of this segment has increased steadily since

1950. The Census of India 2001 enumerated

approximately 7.6 crore senior citizens in India,

which has increased to 10.4 crore in 2011.

As per the report of UNFPA1, this number

is expected to grow to 17.3 crore by 2025

and about 24 crore by 2050. The population

share of senior citizens will increase from 8

percent in 2015 to 19 percent in 2050 and it

is expected that by the end of the century,

senior citizens will constitute nearly 34

percent of the total population of the country

(Figure 1). This ageing phenomenon is all

set to replace the ‘youth bulge’ that India is

currently experiencing with an ‘aging society’.

The United Nations Population Fund (UNFPA)

2017 observed that “the relatively young India

of today will turn into a rapidly ageing society

in coming decades.”2

With the rising income levels, a growing

number of these senior citizens are now

economically independent and willing to

pay for facilities and services related to their

physical, medical and psychological needs.

There is already a growing trend in senior

citizens choosing to reside in commercially

developed and professionally managed

facilities known as ‘Retirement Homes’.3 Living

independently from their families and being

citizens who reside in Retirement Homes

become vulnerable to harassment, breach of

contract and violation of their basic rights

by Developers/Service Providers, who build,

operate and maintain the Retirement Homes.

The Ministry of Housing and Urban Affairs

(MoHUA) has recognised the fact that

‘Retirement Homes’ comes under the category

of real estate project and are subject to the

provisions of the Real Estate (Regulation &

Development) Act, 2016. MoHUA has prepared

these Model Guidelines to enable the State

Governments and Union Territories to make

appropriate provisions in their respective Acts

and Regulations to protect the rights of the

senior citizens and retirees, who are residents

of Retirement Homes.

Key factors contributing to the increasing

number of senior citizens in India are declining

fertility, reduction in mortality and improved

survival at older ages because of better

healthcare facilities. It has been reported

that ‘further life expectancy’ at the age of 60

increased from 14 years in 1970–1975 to 18

years in 2010- 2014.4 The old-age dependency5

2

ratio in India, increased from 10.9 percent in

1961 to 14.2 percent in 2011. This ratio shows

pronounced in rural areas. It is also observed

that elderly women are likely to live about two

years longer than elderly men, a phenomenon

known as ‘feminization of ageing’. This also

corresponds to a higher old-age dependency

demographic changes associated with

senior citizens are accompanied by social

and economic changes that require special

attention. The tendency of increasing numbers

of economically independent senior citizens

to prefer living in Retirement Homes is also

associated with the growth of nuclear family

that is displacing the traditional joint family

and joint household.

GOVERNMENT RESPONSE TO THE NEEDS

OF SENIOR CITIZENS

Article 41 of the Constitution of India,

stipulates that the “The State shall, within

the limits of its economic capacity and

development, make effective provision for

securing the right to work, to education and to

public assistance in cases of unemployment,

old age, sickness and disablement, and in

other cases of undeserved want.” Social Justice

has been made the concurrent responsibility

of the Central and State Governments. In view

of this, the Government of India enacted the

‘Maintenance and Welfare of Parents and

Senior Citizens Act’ (‘MWPSCA’) in 2007. The

MWPSCA makes it mandatory for legal heirs

(child/ relative) to provide care to their older

parents or relatives after they attained the age

of 60 years or above. The Ministry of Social

Justice & Empowerment (MoSJE) prepared the

‘National Policy for Senior Citizens’ in 2011,

which states that “institutional care [should

be seen] as the last resort” for senior citizens.

In furtherance of this policy, the MoSJE

implements the ‘Integrated Programme for

Old Persons’ (IPOP), which provides support

for the establishment and maintenance of Old-

Age Homes, day-care centres, mobile medical

Figure 1. Population and Growth Rate of Senior Citizens in India, 1950–2100

3

units, regional resource & training centres and

formation of senior citizen associations. The

States are expected to establish and maintain

‘Old-Age Homes’ for the care of senior citizens,

with at least one old-age home for 150 persons

to be provided in every district.6 However, the

demand for Old-Age Homes is not evenly

spread across the States/UTs due to different

socio-economic conditions.

In 2014, the Parliamentary Standing Committee

on Social Justice and Empowerment had

reviewed the implementation of the IPOP

scheme and recommended that minimum

Homes across the country in order to ensure

the wellbeing of their residents. The issue

was further highlighted in 2015 in a Public

High Court by a veteran retired from Air India,

Mr. S Krishnamurthy.7 The PIL requested the

Court to direct the respondent (Government

of Tamil Nadu),“to frame regulation and

appoint a regulatory authority to monitor the

functioning of the senior citizen homes.” In

response to the PIL, in 2016, the Social Welfare

and Nutritious Meal Programme Department

of the Government of Tamil Nadu issued a

standards and compulsory registration of old

age homes.8 This addresses the special needs

of the Old Age Homes only and does not

address to the need of senior citizens who are

able and willing to pay for accommodation,

services and facilities.

ROLE OF MOHUA AND THE NEED FOR

GUIDELINES FOR RETIREMENT HOMES

The UNFPA recommends a ‘segmented

approach’ that is sensitive to the diversity

within the population of senior citizens.

While the dependent and destitute senior

citizens are catered by the Old-Age Homes,

there is a growing number of senior citizens

who belong to the ‘urban upper and middle

income’ segment, who are currently relying on

an unregulated and underdeveloped market

for accommodation and services, broadly

represented by a category of facility called the

‘Retirement Home.’ While this segment does

and services, it is not adequately protected

from cheating, exploitation and other forms of

harassment.

“The urban upper and middle income elderly

better employment opportunities. Many are

well-off precisely because of their prosperous

children but are left alone to take care of

themselves; more often than not, they are

quite capable of doing so. Strengthening

systems of formal and reliable care-giving is

essential for this segment of elderly.”9

A recent report prepared by the Moneylife

Foundation for HDFC Bank, highlights the need

to cater the regulation of Retirement Homes in

4

of Promoter/Developer/Service Provider with

promised service & facilities.

As brought out in the said report, the

problems of the residents of the Retirement

Homes pertain to the contractual relationship.

Real Estate (Regulation & Development) Act,

2016 (RERA) provides for a framework for

regulating all real estate projects. In addition

to this MoHUA also has the mandate to

prepare policies, standards and good practices

for real estate sector including housing, urban

infrastructure & services. MoHUA works in

collaboration with State Governments, as

matters relating to ‘land and colonization’ are

constitutionally mandated to the States/UTs.

Recognising its role and responsibility with

regard to the regulation of real estate in

particular and urban development and housing

in general, MoHUA has drafted a set of Model

Guidelines, which can be implemented by the

State Governments and Union Territories to

develop and regulate the Retirement Homes in

order to ensure senior citizens an independent

India.10 The study focuses on the experiences

of residents of Retirement Homes in the cities

of Coimbatore, Pune and Bengaluru that lead

the development of Retirement Homes in

Moneylife Foundation study are that “close

to 65 percent of the respondents, who were

interviewed had not signed a contractual

close to 90 percent of them had not anticipated

any increases in maintenance charges over

time and over 70 percent said that there was

no residents council that would give them

some say in the running of these homes”.

The study further observes that in the absence

Homes, the residents are vulnerable to various

forms of exploitation and mistreatment and

is cumbersome. Most of the grievances of

the residents of the Retirement Homes are

related to poor delivery of services despite

collection of high maintenance charges. These

grievances primarily arise because of lack of

transparency and accountability on the part

5

Model Guidelines For Regulation and Development of Retirement Homes

1. SPECIAL DEFINITIONS AND CONCEPTS

USED IN THESE GUIDELINES

These Model Guidelines retain the meanings

of terms as ‘promoter’, ‘project’, ‘buyer’, ‘sale’,

‘transfer’, ‘apartment’ etc. which are widely

used and understood and derive from various

Acts/Regulations/Rules already in existence.

Only a few special terms and concepts that

are critical for the understanding of these

below:

“Allottee”1 means a person/senior citizen,

who acquires an apartment2 within the

premises of a Retirement Home exclusively for

the residential purpose of an eligible resident.

“Eligible Resident” means a senior citizen3

who is an Allottee/Resident of a Retirement

Home and whose spouse (if any) of such

age that their ‘combined age’ would not be

less than 110 years. The eligible resident of

Retirement Homes may not be the Allottee.

‘Allottee’ and ‘Eligible Resident’ refers to

the concept that an apartment in the premises

of a Retirement Home may be purchased by

senior citizen himself/herself or by any other

legal entity, i.e. Allottee; however, it must be

used solely by Eligible Resident.

It is further provided that, along with

primary user, other family members may

also stay temporarily in the premises of such

Retirement Homes for such period as decided

by Competent Authority/Residents Council on

a case to case basis.

“Retirement Home” means a residential

project or part of a residential project, as may

be advertised and developed by Promoters/

Developers, under the applicable provisions

of the Real Estate (Regulation & Development)

Act, 2016 (‘RERA’), or any other laws as may

be applicable, and which is primarily for the

use of the ‘Eligible Resident’ and has such

minimum facilities as may be provided under

the respective Acts/Regulations.

“Service Provider (SP)” or “Retirement

Home Operator (RHO)” means any person/

entity, which is capable of and/or specializes in

the operation and management of Retirement

Homes, which may include on-site monitoring,

6

personal care services and any other relevant

services, including the basic maintenance

services. The rules/regulations governing the

roles and responsibilities of SP/RHO, to be

framed by the respective State Governments/

UTs. SP/RHO may be developer itself or any

entity appointed by Promoter/ Developer.

Sale of Apartments in Retirement Homes by

promoter shall be permitted only pursuant

to registration of the Retirement Home

projects as mandated by RERA and State rules

framed thereunder. All the provisions of RERA

and State rules framed thereunder shall be

applicable to Retirement Home projects.

2. REGULATION OF RETIREMENT HOMES

Applicability of RERA to Retirement Homes

RERA is applicable to all ‘Real Estate Projects’,

therefore all the provisions of RERA and

State rules framed thereunder shall apply to

Retirement Homes. Real Estate Regulatory

Authority established under RERA of the

respective State/Union Territory will be

responsible for the regulation of Retirement

Homes, especially with regard to Chapter

III of the RERA dealing with the ‘Functions

and Duties of the Promoter’ and Chapter IV

dealing with the ‘Rights and Duties of the

of the promoters and allottees of Retirement

Homes, States/ UTs may enunciate some of the

special provisions, which are required to be

covered under ‘Agreement of Sale’ and other

relevant documents.

Basic Rights of the Allottee/Resident of a

Retirement Home

‘Basic Rights of the Allottee/Resident of a

Retirement Home’, which need to be ensured

by Promoter/Developer and SP/RHO, is at

Annexure A. These may be elaborated

requirements in their respective State Rules

framed under RERA and other related policies.

These may also form a part of the ‘Agreement

of Sale’ at the time of allotment of the

apartment to the Allottee.

Registration of Service Provider/

Retirement Home Operator

Urban Local Bodies (ULBs) and Development

Authorities, as the case may be, should

formulate necessary provisions, regulations

under the applicable laws to ensure

mandatory registration of RHO/ SP along with

the Promoter/Developer.

Residents of Retirement Homes have special

requirements with regard to the specialized

care, elderly friendly built environment and

agreed customized services to be provided on

payment of appropriate service/ maintenance

charges. Where the Promoter/Developer is not

able to provide the agreed services, it may

choose to appoint a Service Provider (SP) or

a Retirement Home Operator (RHO) in order

to perform its responsibilities towards the

Allottee/Resident.

The manpower/human resources deployed

by SP/RHO in Retirement Home Projects, shall

to the Residents at the time of executing the

Agreement of Sale which will be a ‘Model Tri-

Partite Agreement’ to be executed among the

Developer, SP/RHO and Allottee, to facilitate

informed choices by the residents. States/

7

UTs may also choose to categorize and rank

various Retirement Homes in their jurisdiction,

so that residents are able to keep track of

the overall performance of their SP/RHO/

Developer/ Promoter.

Agreement of Sale - Model Tri-Partite

Agreement for Retirement Homes

In order to secure the rights of the senior

citizens living in Retirement Homes, it is

important that Promoter/Developer and SP/

RHO are held jointly and responsible for their

duties and obligations towards the Allottees/

Residents. Thus, it is necessary that in the case

of Retirement Homes, the Agreement of Sale is

a Model Tri-Partite Agreement which may be

executed before entering into Transfer of Title

Deed, among Promoter/Developer, Allottee/

Residents and SP/RHO. ‘Model Tri-Partite

Agreement’ is attached as Annexure B.

Different versions of the Tri-Partite Agreement

will be required in different models of Retirement

Homes and corresponding Agreements of Sale.

States and UTs therefore, may modify and

customize their Model Tri-Partite Agreements

according to different models (Ownership

Model, Reverse Mortgage and Lease/ Rent

Model), which are further detailed in Section

4 of these Guidelines. In case of Lease/Rental

model, the States/UTs may incorporate required

provisions for the Developers/SP/RHO in their

existing Rental Laws, and also to ensure fast

track disposal of disputes.

3. MONITORING OF RETIREMENT HOMES

States/UTs and the Urban Local Bodies may

form the Monitoring Committees within

appropriate departments/agencies for

monitoring and implementation of all the

applicable laws, regulations, rules, policy and

guidelines including these Model Guidelines

that are relevant to the subject of Retirement

Homes.

Further, in order to ensure the implementation

of these Model Guidelines, a Task Force

for constant dialogue with States/UTs and

other stakeholders for promotion and

implementation of these Guidelines will be set

up by MoHUA.

4. MODELS FOR OPERATING

RETIREMENT HOMES

Ownership Model

The ownership model is valid for transfer

of title through ‘Sale Deed/Transfer Deed’,

wherein the prospective Allottees will directly

purchase the apartment from the promoter/

developer, pursuant to which the Allottee will

be the owner of the apartment. In the event of

demise of Allottee, their legal heir(s) may use/

sale/ lease/ rent the apartment for residential

use of Eligible Residents only.

Reverse Mortgage

The prospective Allottees may also opt for

Reverse Mortgage, wherein the property shall

which will pay a lump-sum or monthly

instalments to the Allottees for a period of

institution and Allottee. Upon the death of

the Allottee or the completion of term of

mortgage, the property shall devolve as per

the mutually agreed terms of the agreement.

Lease/ Rental Model

The prospective Lessee/ Tenant can reside in

the apartment on lease/ rent (with or without

security deposits/ advance) from the Promoter/

Developer for the agreed period, on mutually

8

agreed terms. The maintenance and/or service

charges may be clubbed into the rent or paid

separately as mutually agreed between the

parties.

step-in with infusion of funds by purchasing

a number of Apartments from Promoter/

Developer and thereafter lease apartments to

senior citizens, either on the reverse mortgage

model or through a rental agreement based

on the commercial terms agreed among the

parties.

5. COLLECTION AND UTILIZATION OF

FUNDS

The collection and management of funds by

the SP/RHO from the Residents, for regular

operations and maintenance of the Retirement

Home, will be through a twofold mechanism

that includes Interest Free Maintenance

Security Deposit (IFMS) and Maintenance

Charges.

Interest Free Maintenance Security

Deposit (IFMS)

a. Every Allottee purchasing an apartment

in the Retirement Home shall be liable

to provide a refundable Interest Free

Maintenance Security (IFMS) deposit for

the management /service of the residential

premises at the time of such purchase/ lease

of apartment;

b. 50% of the IFMS shall at all times be

deposit and the interest received out of

such deposits shall be used for repair and

maintenance of the Retirement Home;

c. The remaining 50% of the IFMS shall be

invested by the SP/RHO in Government

approved securities/bonds and the interest

earned from such investments shall be

utilised for the repair and maintenance of

the Retirement Home;

d. In case of cancellation of allotment of the

apartment or exit by the Allottee due to

any reason whatsoever, the IFMS shall be

refunded to the Allottee within a maximum

period of three months from the date of

refund application. In case of death of

Allottee, the refund of IFMS shall be returned

to legal heir(s) of the deceased Allottee

as per applicable laws within a maximum

period of three months from the date of

refund application by the legal heir(s) of

the deceased Allottee to Promoter/SP/RHO

along with the necessary documents (death

Maintenance Charges

a. SP/RHO can collect maintenance charges

either through lump-sum payment or in

monthly/quarterly/yearly instalments on

mutually agreed commercial terms between

the parties.

b. Maintenance charges can be revised by SP/

RHO only after consultation with Residents

Revision of maintenance charges maybe

service contract or as mutually agreed

charges to be levied upon residents.

c. Maintenance charges would cover all the

basic common services, facilities, amenities

thereof, which are agreed to be provided to

residents by the Developer/SP/RHO.

9

d. SP/RHO shall display revised chart of

‘Maintenance Charges’ and ‘Customised

Service Charges’4 every time after revision

of such charges on ‘notice board’ in the

premises of Retirement Homes.

6. PLANNING NORMS

The States/UTs should notify appropriate

planning norms that include the category

of Retirement Homes and the requirements

thereof. These planning norms should, inter

alia, include the following provisions:

i. Inclusion of the designation of ‘Retirement

Home’ as a permissible building category

under ‘Residential’ land use at suitable

locations within the city/planning area in

respective Master/Zonal/Local Area Plans.

ii. Determination of requirement of land in the

category ‘Retirement Homes’ based on the

city population and accordingly, demand

survey to be conducted in this regard by

planning Authority/Agency.

iii. Retirement Home Projects are different

from conventional real estate projects

and have special requirements. In order

to encourage the promoter/developers to

build such Retirement Home projects, the

provision for additional FAR as an incentive

may be desirable. This will provide an

incentive to the promoter/ developers for

developing Retirement Home Projects and

iv. In light of URDPFI Guidelines; States/UTs

and Planning Authorities/Urban Local

of orphanages, child day-care centers while

planning for Retirement Home Projects

in order to explore the possibilities of co-

habitation of these two inter dependent

age-groups in any project/scheme.

Accordingly, orphanages/ child day-care

centers and Retirement Homes can be co-

developed with appropriate green spaces to

promote social relations between the two

dependent age groups. The facility could

include the opportunity for part-time

work for residents to promote their active

involvement with other social groups.

v. Average size of dwelling units*

Area Number of rooms

Dwelling unit size (sq.mts.)

Plains 1 BHK 40-60

2 BHK 50-80

Hilly 1 BHK 30-45

2 BHK 40-60

Notes:

1. Recommended Dwelling Unit sizes are

derived from section 9.4 of the URDPFI

Guidelines with rationalization for the

higher density development due to smaller

House Hold size of senior citizens.

2. Sizes of DUs in Hilly areas have also

been derived with reduction in available

buildable land parcels and compact design

for comfortable and sustainable built forms

of such housing.

10

vi. Indicative norms for Retirement Homes as Group Housing*

Sl. No.

Plot size (sq.mts.)

Ground Coverage (%)

FAR Dwelling density(DUs/Acre)

HeightExcluding stilts (mts.)

Plains

1. 3000 35 2.00(In case of high demand, higher FAR may be considered by the State Government based onrelevant studies)

150 18

Hill Towns

2. 1500 45 1.2(for higher FAR, State Government may conduct relevant studies)

100 12

Notes:

1. The minimum plot sizes for Plain are

recommended for metro cities in India.

2. State Governments may change the size

of plots/ dwelling units as per the local

geographical and other related parameter.

3. The FAR Norms have been referred from

URDPFI Guidelines. However, the permissible

FAR have been enhanced to account for

scarce buildable land parcels and buildable

slopes for building construction in hill areas.

4. The maximum densities have been

recommended as per Group Housing Norms

at section 9.4 of the URDPFI Guidelines in

view of the metro cities. State Governments

may relax densities to suit their local

environmental conservation needs and

housing demands.

5. Height restrictions have been given for a

mid- to low-rise development considering

the age related factors of the target group

‘senior citizens’ and need for sunlight and

ventilation.

*The norms prescribed above are indicative in nature, which may vary from State to State and region to region, owing to factors including topography, local demand and affordability and other parameters.

11

Area Medical Room Community Space Convenience Store Total Open Spaces

Plain Minimum 15 sq.m/25 DUs or part thereof

2 sq.m / person or 500 sq.m whichever is lesser

2% of Built-up Area (BUA) or 30 sq.m. whichever is lesser.

65% of Site area

Hilly Minimum 15 sq.m/25 DUs or part thereof

2 sq.m / person or 300 sq.m whichever is lesser

2% of BUA or 20 sq.m. whichever is lesser.

55% of Site area

Notes:

1. Medical Rooms, community space and

convenience store are conceived by the

number and distribution of the dwelling

units. Location of such rooms is to be

to the vertical movement core of building

blocks.

2. Recommendation of community space is

derived from space standards in section

8.5 of the URDPFI and the ceiling limit is

recommended to limit the requirement

of congregational spaces. Additional

area requirement for any special activity/

purpose could be accommodated within

the “Multipurpose Space” as provided in the

project.

3. Multipurpose Spaces to be designed with

suitable space and layout for multiple

activities.

4. Developer/Promoter should provide full

disclosure and include the details of all the

common areas with the approximate sizes

as annexure in the sale document.

viii. Attendants/staff accommodation may

be provided on site as per requirement

and shall be limited to one attendant

per apartment within the permissible

coverage and FAR.

7. PHYSICAL STANDARDS AND NORMS

Principles/ Guidelines/ Norms as prescribed

in ‘National Building Code’ (NBC), ‘Model

Building Bye Laws’ (MBBL) and ‘Harmonized

Guidelines and Space Standards for Barrier

Free Built Environment for persons with

Disability and Elderly Persons’ (Harmonized

Guidelines), as amended from time to time.

These norms, standards and principles are not

being repeated for the sake of brevity; however,

the most critical and relevant provisions

are mentioned below as a checklist for the

Developers of Retirement Home Projects, in

addition to the provisions of above mentioned

norms and standards.

The States/UTs must ensure that the Retirement

Homes are constructed in compliance with

the NBC, MBBL, Harmonized Guidelines and

other applicable guidelines. The States/UTs

are empowered to monitor the enforcement

Following table shows standard

designing to be followed while planning for community facilities and open spaces in a

Retirement Homes project:

12

construction of buildings. They may institute

special mechanisms for regular monitoring

and implementation of these standards/norms

while sanctioning plans and conducting

inspections of such projects/apartments/

buildings.

i. Building Design: Provisions in addition to

the NBC norms to be followed are mentioned

below:

be provided with lifts that are suitably

equipped to accommodate users requiring

assistance and using wheelchairs and similar

equipment/mobility tools.

building spaces should consider the free

movement of wheelchairs.

be less than 900 mm in width.

handles of large size to be used.

requirements of senior citizens.

without sharp edges.

ii. Green Building principles:

citizens to the fumes and exhaust arising

from combustion of fossil fuels, it is desirable

that there should be maximum (near-total)

use of non-polluting and renewable energy

sources in Retirement Homes.

Model Building Bye-laws, 2016, should be

complied with fully.

iii. Lifts and Ramps:

and signalling systems and to accommodate

users requiring assistance and using

wheelchairs and similar equipment/mobility

tools.

throughout the building to provide for

wheelchair access.

iv. Staircase:

mm.

standards prescribed in Harmonised

Guidelines applicable to senior citizens.

not be provided to minimize the risk of

stumbling. Spiral stairs should be avoided.

be installed on all stairs to act as guides,

especially in low light and night-time

conditions.

staircases as per NBC.

and bottom of the staircase and ramps. Ends

of handrails should be rounded.

v. Corridors:

If change in level is unavoidable, then ramp

may be provided.

13

the steps must be distinguished with

contrasting strips on the edges.

the walls on either side of the corridor, at

vi. Kitchen:

with natural lighting and ventilation.

be installed in all kitchen and rooms with

attached kitchen.

vii. Bathrooms:

provision of grab rails.

withstand heavy loads.

opening doors so bathrooms can be

accessed in an emergency when the senior

citizen is inside the bathroom.

viii. Lighting and ventilation:

each apartment of Retirement Home and

with mandatory connection in bathroom

and kitchen.

and components to be in compliance to

MBBL and NBC.

including corridors, lobby and lifts to be

supplied undisrupted electricity with power-

backup facility.

8. SERVICE STANDARDS

The following are salient features of the

services and living environment to be provided

to senior citizens in Retirement Homes.

A. BASIC SERVICES

i. Common Basic Services for all the

residents

water and electricity supply, electricity

backup facility in case of power cut etc.

premises of the Retirement Home project.

facilities, including both indoor and outdoor

particular location and cultural context.

services.

each apartment.

provided as feasible.

requiring special care.

access the services of the Social Welfare

Department and Urban Local Body.

community services to their peers and other

residents.

pick up and drop facility for nearby locations

and electric vehicles such as e-carts for

internal movements within the Retirement

Home complex.

14

requiring maintenance of medical records.

reading rooms as well as borrowing facilities

ii. Medical Services

support facility, tied up with nearest hospital.

with nurse and physiotherapy services

/ Geriatric Care Centres. The emergency

contact numbers for the medical facilities

and ambulance services shall be displayed

outside the common areas of the premises.

with the nearest hospitals/multi Super

Specialty Hospital(s).

accommodating one or two patients and

an attendant, attached toilet, medicines and

medical accessories that may be needed for

treatment, with due check on expiry dates,

appropriate storage facilities for equipment

and drugs, oxygen cylinders and intravenous

set, all other items as prescribed by the

Medical Council of India or any appropriate

institution.

the residents as required.

delivery.

one in each block of all the towers of

Retirement Home premises.

iii. Fitness Facilities

slippery and non-skid surfaces.

and boundaries to avoid collision.

with elderly friendly furniture as per

standards prescribed under the NBC and

other guidelines as applicable.

other initiatives to enhance social cohesion

and teamwork among the residents for time

to time.

iv. Safety and Security

especially with separate switches in main

entry doors, bathroom, bedroom and

common areas.

bedside and bathrooms near toilet seat.

equipment.

all apartments with the single digit dialling

facility to the emergency contact numbers

i.e. security, medical/ ambulance, local police

personnel at all required locations to be

deployed. Security guard(s) shall be deployed

with access to intercom facilities and basic

telephone facilities.

society, entry passes for all visitors including

service providers to be issued.

of the premises near lift area and in all the

common areas, lobbies/reception, all the

gates, parks, etc. Surveillance of these CCTV

footage to be monitored on regular basis by

the security personnel(s).

preparedness for evacuation to be provided.

15

intervals with due intimation to the Resident

Council.

should be provide to all residents and

displayed in all common areas i.e. outside

lifts.

B. CUSTOMISED/OPTIONAL SERVICES

such as laundry, special meals, service

personnel/personal care attendants to

support daily tasks etc.

society-Integrated devices, future

technology/ GPS services / apps, overall

service standards to incorporate the

framework of connectivity between wearable

medical devices and equipment.

assessment, legal documentation and

management.

All personnel deployed/engaged in Retirement

through local police station and submit the

same to respective SP/RHO with a copy to the

Resident Council.

24

Annexures

16

Annexure A

Basic Rights of the Allottee/Resident of

a Retirement Home

In additions to the rights and provisions

provided under Real Estate (Regulation and

Development) Act, 2016 and other applicable

laws, the advertisement/prospectus, the

‘Agreement of Sale’ and other contractual

documents executed by the Promoter/

Developer and Retirement Home Operator

(RHO)/SP must refer to the Basic Rights that are

mentioned below, including but not limited :

1. To have all special provisions and services

required by residents of Retirement Home

Projects, as detailed out in the ‘Guidelines

for Development and Regulation of

Retirement Homes’ issued by the Ministry of

Housing Urban Affairs, and the Basic Rights

mentioned herein, to be included in the

advertisement/prospectus published by the

Promoter/Developer as per Section 11 of the

RERA, and to be annexed to the Agreement

to Sale/Model Tri-partite Agreement.

2. To live in a safe and clean environment,

where he or she is treated with courtesy,

respect and in a way that fully recognizes the

senior resident’s individuality and respects

his/her dignity;

3. To have his or her lifestyle, choices respected

and freely pursue his or her social, cultural,

religious, spiritual and other interests as

long as the resident’s lifestyle, choices and

pursuits do not substantially interfere with

the reasonable enjoyment of the Retirement

Home for all usual purposes by other

residents;

4. To participate fully in the decision

development, implementation, review and

revision of his or her plan of care;

5. To form a Residents’ Council to deal with

matters/issues pertaining to the Retirement

Home;

6. To obtain a copy of all written documents/

agreement executed with the RHO/SP/

Developer any maintenance and services

related to Retirement Home;

7. To get assured access to the common areas

of the Retirement Home as a member of the

Residents Association of allottees;

8. To raise concerns or recommend changes in

policies and services on behalf of himself/

herself or the Residents Association to any

Authority or Body;

9. To be informed, in writing, of the services

that are being provided in the Retirement

Home and cost thereto;

10. To be informed in advance of any increase

in the charges of maintenance or any other

services, facilities, amenities provided in

the Retirement Home;

11. To be informed about and to apply for care

services and assessments from an external

care provider.

12. To receive advance notice about

discontinuation of any particular service(s),

which is being provided by Developer/

RHO/SP and in such case, take reasonable

steps to facilitate the resident’s access to

any external service providers as per the

requirement of Residents.

13. To get the registered conveyance deed for

common area of Retirement Home Project

in favour of Resident Council in compliance

to section 17 of RERA.

17

Annexure B- Model Tri-PartiteAgreementAGREEMENT OF SALE

This Agreement of Sale (“Agreement”) executed on this day of , 20 ,

By and Between

[If the promoter is a company]

(CIN no. ), a company incorporated under the provisions of

the Companies Act, [1956 or 2013, as the case may be], having its registered

(PAN ), represented by its authorized signatory

) authorized vide board resolution dated hereinafter referred to as

the “Promoter” (which expression shall unless repugnant to the context or meaning thereof be

deemed to mean and include its successor-in-interest, executors, administrators and permitted

assignees);

[OR]

Act, 1932, having its principal place of business at , (PAN

), represented by its authorized Partner

authorized vide , hereinafter referred to as the “Promoter” (which expression

shall unless repugnant to the context or meaning thereof be deemed to mean and include its

successors-in-interest, executors, administrators and permitted assignees, including those of the

respective partners).

[OR]

[If the promoter is an Individual]

Mr. / Ms.

Number ) son /

daughter of

18

, aged about

residing at , (PAN ), hereinafter called

the “Promoter” (which expression shall unless repugnant to the context or meaning thereof be

deemed to mean and include his/her heirs, executors, administrators, successors-in- interest and

permitted assignees).

AND

[If the Allottee is a Partnership]

its principal place of business at , (PAN ), represented

by its authorized partner, , (Aadhaar no./Voter ID Card/Any other unique

) authorized vide , hereinafter referred to

as the “Allottee” (which expression shall unless repugnant to the context or meaning thereof be

deemed to mean and include its successors-in-interest, executors, administrators and permitted

assignees, including those of the respective partners).

[OR]

[If the Allottee is an Individual]

Mr. / Ms

) son / daughter of

, aged about , residing at

, (PAN ), hereinafter called the “Allottee” (which expression shall

unless repugnant to the context or meaning thereof be deemed to mean and include his/her

heirs, executors, administrators, successors-in-interest and permitted assignees).

[OR]

[If the Allottee is a HUF]

Mr.

) son of aged about for self and as the Karta of the Hindu Joint Mitakshara Family

known as HUF, having its place of business / residence at

, (PAN ), hereinafter referred to as the “Allottee” (which expression shall unless

repugnant to the context or meaning thereof be deemed to include his heirs, representatives,

executors, administrators, successors-in-interest and permitted assigns as well as the members

of the said HUF, their heirs, executors, administrators, successors-in-interest and permitted

assignees).

19

[Please insert details of other allottee(s), in case of more than one allottee]

AND

[If the Maintenance Service Provider/Retirement Home Operator is a company]

), a company incorporated under the provisions of

the Companies Act, [1956 or 2013, as the case may be], having its registered

(PAN - ), represented by its authorized signatory

) authorized vide board resolution dated hereinafter referred to as the “Service

Provider” (which expression shall unless repugnant to the context or meaning thereof be

deemed to mean and include its successor-in-interest, executors, administrators and permitted

assignees);

[OR]

its principal place of business at , (PAN ), represented by its

authorized Partner

, hereinafter referred to as the “Service

Provider” (which expression shall unless repugnant to the context or meaning thereof be

deemed to mean and include its successors-in-interest, executors, administrators and permitted

assignees, including those of the respective partners).

[OR]

[If the Maintenance Service Provider/ Retirement Home Operator is an Individual]

Mr. / Ms.

) son /

daughter of , aged about ,residing

at , (PAN ), hereinafter called the “Service Provider” (which expression shall unless

repugnant to the context or meaning thereof be deemed to mean and include his/her heirs,

executors, administrators, successors-in- interest and permitted assignees).

The Promoter and Allottee shall hereinafter collectively be referred to as the “Parties” and

individually as a “Party”

20

WHEREAS:

A. The Promoter is the absolute and lawful owner of [khasra nos./ survey nos.] [Please insert

in Tehsil & District (“Said Land”) vide sale deed(s) dated registered as

documents no.

[OR]

(“Owner”) is the absolute and lawful owner of [khasra nos./ survey nos.]

[Please insert land details as per local laws] totally admeasuring square meters

situated at in Tehsil & District (“Said Land”) vide sale deed(s) dated

registered as documents no.

Registrar. The Owner and the Promoter have entered into a [collaboration/development/joint

development] agreement dated registered as document no.

B. The Said Land is earmarked for the purpose of building a residential project, comprising

multistoried apartment buildings and [insert any other components of the Projects] and

the said project shall be known as ‘ ’ (“Project”);

[OR]

The Said Land is earmarked for the purpose of Group Housing development of a residential

project, comprising apartments and [insert any other components of the

Projects] and the said project shall be known as ‘ ’ (“Project” or “Retirement

Home”):

Provided that where land is earmarked for any institutional development the same shall be used

for those purposes only and no commercial/residential development shall be permitted unless it

is a part of the plan approved by the competent authority.

C. The Promoter is fully competent to enter into this Agreement and all the legal formalities

with respect to the right, title and interest of the Promoter regarding the Said Land on which

Project is to be constructed have been completed;

D.The [Please insert the name of the concerned competent authority] has

no. ;

21

Promoter agrees and undertakes that it shall not make any changes to these layout plans except

in strict compliance with section 14 of the Act and other laws as applicable;

F. The Promoter has registered the Project under the provisions of the Act with the Real Estate

[Please insert the location of the garage/closed parking], as permissible under the applicable

of Section 2 of the Act (hereinafter referred to as the “Apartment” more particularly described in

H. The Maintenance Service Provider has all required competence and infrastructure to provide

the required services in the project, which is a ‘Retirement Home’ which is occupied and used

Provider’ and ‘Promoter’ are mentioned in Schedule ‘B’ as may be provided under the prescribed

regulations;

I. The Allottee may be of any age but the resident of Retirement Home/ Project shall be person,

who is 60 years of age or older and in case of a married couple, either of spouse should be of 60

years of age or older. The eligible couple occupant can have a minimum combined age of 110

years where either one must be a senior citizen;

J. The Parties have gone through all the terms and conditions set out in this Agreement and

understood the mutual rights and obligations detailed herein;

faithfully abide by all the terms, conditions and stipulations contained in this Agreement and

all applicable laws, are now willing to enter into this Agreement on the terms and conditions

appearing hereinafter;

22

M. In accordance with the terms and conditions set out in this Agreement and as mutually

agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee

hereby agrees to purchase the [Apartment] and the garage/closed parking (if applicable) as

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL REPRESENTATIONS, COVENANTS,

ASSURANCES, PROMISES AND AGREEMENTS CONTAINED HEREIN AND OTHER GOOD AND

VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. TERMS:

1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to

in para G;

only (“Total Price”) (Give break up and description):

Block/Building/Tower no. Rate of Apartment per square feet*

Apartment no.

Type

Floor

*Provide breakup of the amounts such as cost of apartment, proportionate cost of common

areas, preferential location charges, taxes etc.

[AND] [if/as applicable]

Garage/Closed parking - 1 Price for 1

Garage/Closed parking - 2 Price for 2

Explanation:

(i) The Total Price above includes the booking amount paid by the allottee to the Promoter

towards the [Apartment];

(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter

by way of Value Added Tax, Service Tax, and Cess or any other similar taxes which may be

levied, in connection with the construction of the Project payable by the Promoter) up to the

date of handing over the possession of the [Apartment]:

23

payable by the allottee to the promoter shall be increased/reduced based on such change /

(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in

(i) above and the Allottee shall make payment within 30 (thirty) days from the date of such

written intimation. In addition, the Promoter shall provide to the Allottee the details of the

which such taxes/levies etc. have been imposed or become effective;

(iv) The Total Price of [Apartment] includes: 1) pro rata share in the Common Areas; and 2)

garage(s)/closed parking(s) as provided in the Agreement.

1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees

to pay, due to increase on account of development charges payable to the competent

authority and/or any other increase in charges which may be levied or imposed by the

competent authority from time to time. The Promoter undertakes and agrees that while

raising a demand on the Allottee for increase in development charges, cost/charges imposed

regulation to that effect along with the demand letter being issued to the Allottee, which

shall only be applicable on subsequent payments.

1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C

(“Payment Plan”).

1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments

payable by the Allottee by discounting such early payments @ % per annum for the

period by which the respective installment has been preponed. The provision for allowing

rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted

to an Allottee by the Promoter.

1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned

described therein in respect of the apartment, plot or building, as the case may be, without

the previous written consent of the Allottee. Provided that the Promoter may make such

minor additions or alterations as may be required by the Allottee, or such minor changes or

alterations as per the provisions of the Act.

has been allotted to the Allottee after the construction of the Building is complete and

24

of the changes, if any, in the carpet area. The total price payable for the carpet area shall

when such an excess amount was paid by the Allottee. If there is any increase in the carpet

area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next

milestone of the Payment Plan. All these monetary adjustments shall be made at the same

rate per square feet as agreed in Clause 1.2 of this Agreement.

1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the

right to the Apartment as mentioned below:

(i) The Allottee shall have exclusive ownership of the Apartment;

(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since

the share / interest of Allottee in the Common Areas is undivided and cannot be divided or

separated, the Allottee shall use the Common Areas along with other residents, maintenance

staff etc., without causing any inconvenience or hindrance to them. Further, the right of

the Allottee to use the Common Areas shall always be subject to the timely payment of

convey undivided proportionate title in the common areas to the association of allottees as

provided in the Act;

(iii) That the computation of the price of the Apartment includes recovery of price of land,

construction of [not only the Apartment but also] the Common Areas, internal development

providing all other facilities as provided within the Project.

1.9 It is made clear by the Promoter and the Allottee agrees that the Apartment along with

garage/closed parking shall be treated as a single indivisible unit for all purposes. It is

agreed that the Project is an independent, self-contained Project covering the said Land

and is not a part of any other project or zone and shall not form a part of and/or linked/

combined with any other project in its vicinity or otherwise except for the purpose of

facilities and amenities shall be available only for use and enjoyment of the Allottees of the

Project.

1.10 It is understood by the Allottee that all other areas and i.e. areas and facilities falling

25

[Please insert the name of the relevant State act, if any].

1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of

the apartment to the Allottees, which it has collected from the Allottees, for the payment

of outgoings (including land cost, ground rent, municipal or other local taxes, charges

for water or electricity, maintenance charges, including mortgage loan and interest

on mortgages or other encumbrances and such other liabilities payable to competent

Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any

liability, mortgage loan and interest thereon before transferring the apartment to the

Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay

such outgoings and penal charges, if any, to the authority or person to whom they are

payable and be liable for the cost of any legal proceedings which may be taken therefor by

such authority or person.

1.12 The Allottee has paid a sum of Rs, (Rupees

only) as booking amount being part payment towards the Total Price of the Apartment at the

time of application the receipt of which the Promoter hereby acknowledges and the Allottee

hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as

Provided that if the allottee delays in payment towards any amount for which is payable, he

2. MODE OF PAYMENT

Subject to the terms of the Agreement and the Promoter abiding by the construction

milestones, the Allottee shall make all payments, on demand by the Promoter, within the

stipulated time as mentioned in the Payment Plan through A/ c Payee cheque/demand draft

or online payment (as applicable) in favour of ‘ ’ payable at

.

3. COMPLIANCE OF LAWS RELATING TO REMITTANCES

3.1 The Allottee, if resident outside India, shall be solely responsible for complying with the

necessary formalities as laid down in Foreign Exchange Management Act, 1999, Reserve Bank

of India Act and Rules and Regulations made thereunder or any statutory amendment(s)

payment acquisition/sale/transfer of immovable properties in India etc. and provide the

26

obligations under this Agreement. Any refund, transfer of security, if provided in terms of the

Agreement shall be made in accordance with the provisions of Foreign Exchange Management

Act, 1999 or statutory enactments or amendments thereof and the Rules and Regulations of

the Reserve Bank of India or any other applicable law. The Allottee understands and agrees

that in the event of any failure on his/her part to comply with the applicable guidelines issued

by the Reserve Bank of India, he/she shall be liable for any action under the Foreign Exchange

Management Act, 1999 or other laws as applicable, as amended from time to time.

3.2 The Promoter accepts no responsibility in this regard. The Allottee shall keep the Promoter

status of the Allottee subsequent to the signing of this Agreement, it shall be the sole

responsibility of the Allottee to intimate the same in writing to the Promoter immediately and

comply with necessary formalities if any under the applicable laws. The Promoter shall not be

responsible towards any third party making payment/remittances on behalf of any Allottee

and such third party shall not have any right in the application/allotment of the said apartment

applied for herein in any way and the Promoter shall be issuing the payment receipts in favour

of the Allottee only.

4. ADJUSTMENT/APPROPRIATION OF PAYMENTS

The Allottee authorizes the Promoter to adjust/appropriate all payments made by him/her

under any head(s) of dues against lawful outstanding, if any, in his/her name as the Promoter

Promoter to adjust his payments in any manner.

5. TIME IS ESSENCE

Time is of essence for the Promoter as well as the Allottee. The Promoter shall abide by the

time schedule for completing the project and handing over the Apartment to the Allottee and

timely payments of the installment and other dues payable by him/her and meeting the other

obligations under the Agreement subject to the simultaneous completion of construction by

the Promoter as provided in Schedule C (“Payment Plan”).

6. CONSTRUCTION OF THE PROJECT/ APARTMENT

competent authority, as represented by the Promoter. The Promoter shall develop the Project in

Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent

Authorities and shall also strictly abide by the bye-laws, FAR and density norms and

27

other than in the manner provided under the Act, and breach of this term by the Promoter shall

constitute a material breach of the Agreement.

7. POSSESSION OF THE APARTMENT

7.1 Schedule for possession of the said Apartment: The Promoter agrees and understands

that timely delivery of possession of the Apartment is the essence of the Agreement. The

development of the real estate project (“Force Majeure”). If, however, the completion of

the Project is delayed due to the Force Majeure conditions then the Allottee agrees that

the Promoter shall be entitled to the extension of time for delivery of possession of the

Apartment, provided that such Force Majeure conditions are not of a nature which make it

event it becomes impossible for the Promoter to implement the project due to Force Majeure

conditions, then this allotment shall stand terminated and the Promoter shall refund to the

Allottee the entire amount received by the Promoter from the allotment within 45 days from

that date. After refund of the money paid by the Allottee, Allottee agrees that he/ she shall

not have any rights, claims etc. against the Promoter and that the Promoter shall be released

and discharged from all its obligations and liabilities under this Agreement.

from the competent authority shall offer in writing the possession of the Apartment, to

the Allottee in terms of this Agreement to be taken within 3 (three months from the date

of issue of such notice and the Promoter shall give possession of the Apartment to the

Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of

Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association

of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the

Allottee in writing within

Project.

7.3 Failure of Allottee to take Possession of Apartment: Upon receiving a written intimation from

the Promoter as per clause 7.2, the Allottee shall take possession of the Apartment from the

Promoter by executing necessary indemnities, undertakings and such other documentation

as prescribed in this Agreement, and the Promoter shall give possession of the Apartment to

the allottee. In case the Allottee fails to take possession within the time provided in clause

7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable.

28

physical possession of the Apartment to the Allottees, it shall be the responsibility of the

Promoter to hand over the necessary documents and plans, including common areas, to the

association of the Allottees or the competent authority, as the case may be, as per the local

laws.

7.5 Cancellation by Allottee: The Allottee shall have the right to cancel/withdraw his allotment in

the Project as provided in the Act:

Provided that where the allottee proposes to cancel/withdraw from the project without any

fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the

allotment. The balance amount of money paid by the allottee shall be returned by the promoter

to the allottee within 45 days of such cancellation.

7.6 Compensation:

The Promoter shall compensate the Allottee in case of any loss caused to him due to defective

title of the land, on which the project is being developed or has been developed, in the manner

as provided under the Act and the claim for compensation under this section shall not be

barred by limitation provided under any law for the time being in force.

Except for occurrence of a Force Majeure event, if the promoter fails to complete or is unable

to give possession of the Apartment (i) in accordance with the terms of this Agreement,

a developer on account of suspension or revocation of the registration under the Act; or for

any other reason; the Promoter shall be liable, on demand to the allottees, in case the Allottee

wishes to withdraw from the Project, without prejudice to any other remedy available, to return

in the Rules within 45 days including compensation in the manner as provided under the Act.

Provided that where if the Allottee does not intend to withdraw from the Project, the Promoter

handing over of the possession of the Apartment.

8. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER

The Promoter hereby represents and warrants to the Allottee as follows:

(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the

requisite rights to carry out development upon the said Land and absolute, actual, physical

and legal possession of the said Land for the Project;

(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to

carry out development of the Project;

29

(iii) There are no encumbrances upon the said Land or the Project;

[in case there are any encumbrances on the land, provide details of such encumbrances

including any rights, title, interest and name of party in or over such land]

(iv) There are no litigations pending before any Court of law with respect to the said Land,

Project or the Apartment;

(v) All approvals, licenses and permits issued by the competent authorities with respect to

the Project, said Land and Apartment are valid and subsisting and have been obtained by

following due process of law. Further, the Promoter has been and shall, at all times, remain

to be in compliance with all applicable laws in relation to the Project, said Land, Building

and Apartment and common areas;

(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted

to perform any act or thing, whereby the right, title and interest of the Allottee created

herein, may prejudicially be affected;

(vii) The Promoter has not entered into any agreement for sale and/or development agreement

or any other agreement / arrangement with any person or party with respect to the said

Land, including the Project and the said Apartment which will, in any manner, affect the

rights of Allottee under this Agreement;

selling the said Apartment to the Allottee in the manner contemplated in this Agreement;

(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful,

vacant, peaceful, physical possession of the Apartment to the Allottee and the common

areas to the Association of the Allottees;

(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is

owned by any minor and/or no minor has any right, title and claim over the Schedule

Property;

(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues,

rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or

penalties and other outgoings, whatsoever, payable with respect to the said project to the

competent Authorities;

(xii) No notice from the Government or any other local body or authority or any legislative

30

or requisition of the said property) has been received by or served upon the Promoter in

respect of the said Land and/or the Project.

9. REPRESENTATIONS AND WARRANTIES OF THE SERVICE PROVIDER:

The Service Provider hereby represents and warrants to the Allottee as follows:

9.2 Will be elaborated further by the respective parties based upon commercial terms.

10. EVENTS OF DEFAULTS AND CONSEQUENCES

10.1 Subject to the Force Majeure clause, the Promoter shall be considered under a condition of

Default, in the following events:

(i) Promoter fails to provide ready to move in possession of the Apartment to the Allottee within

mean that the apartment shall be in a habitable condition which is complete in all respects;

(ii) Discontinuance of the Promoter’s business as a developer on account of suspension or

revocation of his registration under the provisions of the Act or the rules or regulations made

thereunder.

10.2 In case of Default by Promoter under the conditions listed above, Allottee is entitled to the

following:

(i) Stop making further payments to Promoter as demanded by the Promoter. If the Allottee

stops making payments, the Promoter shall correct the situation by completing the

construction milestones and only thereafter the Allottee be required to make the next

payment without any penal interest; or

(ii) The Allottee shall have the option of terminating the Agreement in which case the Promoter

shall be liable to refund the entire money paid by the Allottee under any head whatsoever

Provided that where an Allottee does not intend to withdraw from the project or terminate the

month of delay till the handing over of the possession of the Apartment.

10.3 The Allottee shall be considered under a condition of Default, on the occurrence of the

following events:

31

(i) In case the Allottee fails to make payments for consecutive demands made by the Promoter

as per the Payment Plan annexed hereto, despite having been issued notice in that regard

the allottee shall be liable to pay interest to the promoter on the unpaid amount at the rate

(ii) In case of Default by Allottee under the condition listed above continues for a period beyond

consecutive months after notice from the Promoter in this regard, the Promoter shall cancel

the allotment of the Apartment in favour of the Allottee and refund the amount money paid

to him by the allottee by deducting the booking amount and the interest liabilities and this

Agreement shall thereupon stand terminated.

11. CONVEYANCE OF THE SAID APARTMENT

The Promoter, on receipt of complete amount of the Price of the Apartment under the

Agreement from the Allottee, shall execute a conveyance deed and convey the title of the

Apartment together with proportionate indivisible share in the Common Areas within 3 (three)

deposit the stamp duty, registration charges and all other incidental and legal expenses etc.

so demanded within the period mentioned in the demand letter, the Allottee authorizes the

settlement of all dues and stamp duty and registration charges to the Promoter is made by the

Allottee. The Allottee shall be solely responsible and liable for compliance of the provisions of

competent authority(ies).

12. MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT

The Promoter shall be responsible to provide and maintain essential services in the Project till

the taking over of the maintenance of the project by the association of the allottees. The cost of

such maintenance has been included in the Total Price of the Apartment.

[Insert any other clauses in relation to maintenance of project, infrastructure and equipment]

13. DEFECT LIABILITY

It is agreed that in case any structural defect or any other defect in workmanship, quality or

provision of services or any other obligations of the Promoter as per the agreement for sale

relating to such development is brought to the notice of the Promoter within a period of 5

Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event

of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be

entitled to receive appropriate compensation in the manner as provided under the Act.

32

14. RIGHT OF ALLOTTEE TO USE COMMON AREAS AND FACILITIES SUBJECT TO

PAYMENT OF TOTAL MAINTENANCE CHARGES

her right to the use of Common Areas shall be subject to timely payment of total maintenance

charges, as determined and thereafter billed by the maintenance agency appointed or the

association of allottees (or the maintenance agency appointed by it) and performance by

maintenance agency or the association of allottees from time to time.

15. RIGHT TO ENTER THE APARTMENT FOR REPAIRS

The Promoter / maintenance agency /association of allottees shall have rights of unrestricted

access of all Common Areas, garages/closed parking’s and parking spaces for providing

necessary maintenance services and the Allottee agrees to permit the association of allottees

and/or maintenance agency to enter into the Apartment or any part thereof, after due notice

and during the normal working hours, unless the circumstances warrant otherwise, with a view

to set right any defect.

16. USAGE

Use of Basement and Service Areas: The basement(s) and service areas, if any, as located within

the (project name), shall be earmarked for purposes such as parking spaces and services

including but not limited to electric sub-station, transformer, DG set rooms, underground water

and other permitted uses as per sanctioned plans. The Allottee shall not be permitted to use

the services areas and the basements in any manner whatsoever, other than those earmarked as

parking spaces, and the same shall be reserved for use by the association of allottees formed by

the Allottees for rendering maintenance services.

17. GENERAL COMPLIANCE WITH RESPECT TO THE APARTMENT:

Subject to Clause 12 above, the Allottee shall, after taking possession, be solely responsible

to maintain the Apartment at his/her own cost, in good repair and condition and shall not

do or suffer to be done anything in or to the Building, or the Apartment, or the staircases,

lifts, common passages, corridors, circulation areas, atrium or the compound which may

be in violation of any laws or rules of any authority or change or alter or make additions to

the Apartment and keep the Apartment, its walls and partitions, sewers, drains, pipe and

appurtenances thereto or belonging thereto, in good and tenantable repair and maintain the

in any way damaged or jeopardized. The Allottee further undertakes, assures and guarantees

that he/she would not put any sign-board / name-plate, neon light, publicity material or

advertisement material etc. on the face / facade of the Building or anywhere on the exterior of

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the Project, buildings therein or Common Areas. The Allottees shall also not change the colour

scheme of the outer walls or painting of the exterior side of the windows or carry out any

change in the exterior elevation or design. Further the Allottee shall not store any hazardous or

combustible goods in the Apartment or place any heavy material in the common passages or

staircase of the Building. The Allottee shall also not remove any wall, including the outer and

load bearing wall of the Apartment. The Allottee shall plan and distribute its electrical load in

conformity with the electrical systems installed by the Promoter and thereafter the association

of allottees and/or maintenance agency appointed by association of allottees. The Allottee shall

be responsible for any loss or damages arising out of breach of any of the aforesaid conditions.

18. COMPLIANCE OF LAWS, NOTIFICATIONS ETC. BY ALLOTTEE

The Allottee is entering into this Agreement for the allotment of a Apartment with the full

this project in particular. That the Allottee hereby undertakes that he/she shall comply with

and carry out, from time to time after he/she has taken over for occupation and use the said

Apartment, all the requirements, requisitions, demands and repairs which are required by any

competent Authority in respect of the Apartment/ at his/ her own cost.

19. ADDITIONAL CONSTRUCTIONS

The Promoter undertakes that it has no right to make additions or to put up additional

structure(s) anywhere in the Project after the building plan has been approved by the

competent authority(ies) except for as provided in the Act.

20. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE

After the Promoter executes this Agreement he shall not mortgage or create a charge on the

Apartment and if any such mortgage or charge is made or created then notwithstanding

anything contained in any other law for the time being in force, such mortgage or charge

shall not affect the right and interest of the Allottee who has taken or agreed to take such

Apartment.

21. APARTMENT OWNERSHIP ACT (OF THE RELEVANT STATE)

The Promoter has assured the Allottees that the project

in its entirety is in accordance with the provisions of the

[Please insert the name of the state Apartment Ownership] Act). The Promoter showing

compliance of various laws/regulations as applicable in.

22. BINDING EFFECT

Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation

Agreement with all the schedules along with the payments due as stipulated in the Payment

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Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for

registration of the same before the concerned Sub- Registrar as and when intimated by the

Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30

(thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar

for its registration as and when intimated by the Promoter, then the Promoter shall serve a

the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled

and all sums deposited by the Allottee in connection therewith including the booking amount

shall be returned to the Allottee without any interest or compensation whatsoever.

23. ENTIRE AGREEMENT

This Agreement, along with its schedules, constitutes the entire Agreement between the Parties

with respect to the subject matter hereof and supersedes any and all understandings, any other

agreements, allotment letter, correspondences, arrangements whether written or oral, if any,

between the Parties in regard to the said apartment, as the case may be.

24. RIGHT TO AMEND

This Agreement may only be amended through written consent of the Parties.

25. PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE / SUBSEQUENT

ALLOTTEES

It is clearly understood and so agreed by and between the Parties hereto that all the provisions

contained herein and the obligations arising hereunder in respect of the Project shall equally be

applicable to and enforceable against any subsequent Allottees of the Apartment, in case of a

transfer, as the said obligations go along with the Apartment for all intents and purposes.

26.WAIVER NOT A LIMITATION TO ENFORCE

26.1The Promoter may, at its sole option and discretion, without prejudice to its rights as set out

in this Agreement, waive the breach by the Allottee in not making payments as per the Payment

Plan including waiving the payment of interest for delayed payment. It is made clear and so

agreed by the Allottee that exercise of discretion by the Promoter in the case of one Allottee

shall not be construed to be a precedent and /or binding on the Promoter to exercise such

discretion in the case of other Allottees.

26.2 Failure on the part of the Promoter to enforce at any time or for any period of time

the provisions hereof shall not be construed to be a waiver of any provisions or of the right

thereafter to enforce each and every provision.

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27. SEVERABILITY

If any provision of this Agreement shall be determined to be void or unenforceable under

the Act or the Rules and Regulations made thereunder or under other applicable laws, such

provisions of the Agreement shall be deemed amended or deleted in so far as reasonably

inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act

or the Rules and Regulations made thereunder or the applicable law, as the case may be, and

the remaining provisions of this Agreement shall remain valid and enforceable as applicable at

the time of execution of this Agreement.

28. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO

IN THE AGREEMENT

Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in

common with other Allottee(s) in Project, the same shall be the proportion which the carpet

area of the Apartment bears to the total carpet area of all the Apartments in the Project.

29. FURTHER ASSURANCES

Both Parties agree that they shall execute, acknowledge and deliver to the other such

provided for herein, as may be reasonably required in order to effectuate the provisions of this

created or transferred hereunder or pursuant to any such transaction.

30. PLACE OF EXECUTION:

The execution of this Agreement shall be complete only upon its execution by the Promoter

is duly executed by the Allottee and the Promoter or simultaneously with the execution the said

deemed to have been executed at .

31. NOTICES:

That all notices to be served on the Allottee and the Promoter as contemplated by this

Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by

Name of Allottee

(Allottee Address)

M/s Promoter name

(Promoter Address)

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It shall be the duty of the Allottee and the promoter to inform each other of any change in

address subsequent to the execution of this Agreement in the above address by Registered Post

failing which all communications and letters posted at the above address shall be deemed to

have been received by the promoter or the Allottee, as the case may be.

32. JOINT ALLOTTEES

That in case there are Joint Allottees all communications shall be sent by the Promoter to the

intents and purposes to consider as properly served on all the Allottees.

33. GOVERNING LAW

That the rights and obligations of the parties under or arising out of this Agreement shall be

construed and enforced in accordance with the laws of India for the time being in force.

34. DISPUTE RESOLUTION

All or any disputes arising out or touching upon or in relation to the terms and conditions

of this Agreement [Agreement to Sale], including the interpretation and validity of the terms

thereof and the respective rights and obligations of the Parties, shall be settled amicably by

appointed under the Act.

[Please insert any other terms and conditions as per the contractual understanding between the

parties, however, please ensure that such additional terms and condition are not in derogation

of or inconsistent with the terms and conditions set out above or the Act and the Rules and

Regulations made thereunder.]

IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed

this Agreement for sale at (city/town name) in the presence of

SIGNED AND DELIVERED BY THE WITHIN NAMED

Allottee: (including joint buyers)

(1)

(2)

At on in the presence of:

SIGNED AND DELIVERED BY THE WITHIN NAMED

Promoter:

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(1) (Authorized Signatory) WITNESSES:

Signature

Name

Address

2. Signature Name Address

SCHEDULE ‘A’

DESCRIPTION OF THE APARTMENT AND THE GARAGE/CLOSED PARKING (IF APPLICABLE)

ALONG WITH BOUNDARIES IN ALL FOUR DIRECTIONS

SCHEDULE ‘B’

DETAILED SPECIFICATION, FACILITIES AND OBLIGATIONS OF ‘SERVICE PROVIDER’ AND

‘PROMOTER’

A. Basic Facilities and Amenities (Minimum Requirements)

a. Medical Facilities

b. Fitness Facilities

c. Security

d. Meals

e. Laundry Services

f. Recreational Facilities [To be inserted

g. 24*7 electricity and water supply

h. House Keeping Services

i. Bus service for residents

basis of commercial terms)

SCHEDULE ‘C’ –

FLOOR PLAN OF THE APARTMENT

SCHEDULE ‘D’ –

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